Terms and Conditions

Article 1 (General Rules)

• The Company may at its sole discretion make amendments to the Terms and Conditions without giving notification to the User. Any amendments made to the Terms and Conditions are considered to be made effective when such amendments are published on the Service. It is deemed that the User has agreed to the amended Terms and Conditions when the User uses the Service after such amendments.
• The User acknowledges and agrees that any other pages designated by the Company are an integral part of the Terms and Conditions.
• The users of the Service (the “User” or “You”) are required to accept the Terms and Conditions with respect to the use of the Service.
• The Company is entitled to record and save inquiries and any other information posted by the User (collectively “Information”). The Company only uses Information for the purpose of operating and managing the Service properly. By agreeing to the Terms and Conditions, the User agrees that the Company may store and use the Information.

Article 2 (Applicability of these Terms and Conditions)

These Terms and Conditions are applicable to the use of the Service by the Users and any Information that is notified by the Company by way of any method whatsoever including but not limited to the Platform or software or email.

Article 3 (User ID and Password)

• In order to access the Company’s Platform and its Services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age (iv) Organization name (v) type of business (vi) type of organization (vii) MSME type (viii) business category (ix) specialization details (x) year of experience (xi) GST number or PAN number or Udyam Aadhar number (xii) government document verifying the GST number or PAN number or Udyam Aadhar number (xiii) states or cities where your business operates. You acknowledge that your user ID and password (“Participant Account”) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice.
• You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account.
• The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Participant Account.

Article 4 (Usage Fees, Refund Policy and Payment Methods)

• The User can search for Services and connect with anonymous Service Providers through our platform. The Company is obligated to disclose the details of the Service Provider solely upon receipt of consideration for the platform and any relevant taxes (collectively referred to as “Connection Fees”) from the User.
• For the avoidance of any doubt, it is hereby clarified that payment shall be deemed to be completed once the Company has received the payment from both the connecting parties. If the Company has received payment from one party but the other party is yet to make payment to the Company, the amount received by the Company from the first mentioned party shall not be adjusted against the Connection Fees until the Company has received the payment from the other party.
• It is understood and agreed that refunds shall not be issued at any circumstance including in the event that a Service Provider declines to conduct business with the User.
• The Connection Fees must be paid to the Company in a timely manner through designated payment methods on the MSME Direct Website and/or mobile platform.
• Any coupons, discounts and marketing campaigns (the “Promotions”) that are given for the Service is at the discretion of the Company. The Company shall not be obligated to give advance notice of the Promotions to the Users. Furthermore, the consumption of the Promotions in a timely matter is the responsibility of the User. If for any reason payments are interrupted, the Company is not responsible to reinstate or extend the promotions.

Article 5 (License to use and Intellectual Property Rights)

• The Company hereby grants You, the limited, non-transferable, non-exclusive, and revocable (at any time without any prior notice) license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and Services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. Any rights not expressly granted to You, herein are reserved with the Company.
• You acknowledge that the Company is the sole and exclusive owner of the Platform, the Services provided by the Company, the Website, the mobile application and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services and the content and the curriculum.
• The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the Website which shall be the exclusive property of the Company. You undertake to not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Platform in any manner whatsoever.

Article 6 (Suspension, Interruption, and Cancellation of the Service)

• The Company may suspend, interrupt, discontinue or cancel the Service of the User (the “Suspension”) without any prior notice or liability, if the Company finds that any of the sub-articles below are applicable to the User:
  • Engage in activities that defame, abuse, harass, stalk, threaten, or otherwise infringe upon the legal rights of others.
  • Any information User provide on platform is not accurate and is misleading in any manner.
  • If the User violates any of the rules defined in the Terms and Conditions.
  • The User has not followed instructions by the Company.
  • When there are reports of the User’s inappropriate behaviour.
  • For any reasons other than those listed above that the Company considers to be inappropriate for the User to use the Service.
• No refund will be made by the Company if the Suspension is applied due to any of the reasons specified above.
• The Company will not be liable for any damages, losses or inconvenience suffered by the User as a result of the Suspension specified in this article. If the Company or a third party suffers damages or losses caused by the User's behaviour in relation to the Service, the User will be legally liable for those damages or losses and the Company shall not have any liability of any nature whatsoever.

Article 7 (Use of MSME Direct)

• The Service is provided on MSME Direct software (the “Software”). The User agrees to the sub-articles below in relation to the use of the Software:
  • To comply with all relevant Terms and Conditions and guidelines that are separately designated by the Company.
  • To take responsibility for using or installing the Software(s), having access to links or URLs, downloading files, images or movies.
  • To acknowledge that the Company will not provide the Service through any tools other than the Software (the “Third Party’s Software”) even if the User requests the Company to use a Third Party’s Software; provided, however, that in case the Software is not available for any reason to provide the Service, the Company may use an alternative tool.
  • The Company may, at its sole discretion, use a Third Party’s Software for providing the Service if necessary; provided, however, that the Company is not obligated to explain the reason for the judgement of using the Third Party’s Software.

Article 8 (The User's Responsibility)

• The User will bear all responsibility for any behaviors whatsoever with regard to the use of the Service and for any results or consequences thereof.
• The User will be liable for any damages or losses to be suffered by the Company, the Company's staff (including its officers, representatives, employees), other Users, or any other third parties with regard to the use of the Service (including the User’s non-compliance with the Terms and Conditions).
• The User shall maintain the confidentiality of the Service Provider and shall not disclose the identity or the contact information of the Service Provider to any third party.
• All commercial/contractual terms are offered by and between User and Service Provider alone. The Company does not have any control or does not determine or advise or in any way involve in the offering or acceptance of such commercial/contractual terms between User and Service Provider.
• The Company shall neither be liable nor responsible for any actions or inactions of the Service Provider nor any breach of the conditions, representations, or warranties by the Service Provider and hereby expressly disclaims any or all responsibilities and liabilities in this regard.
• The Company shall not have any obligations or liabilities in respect of any contract entered between User and Service Provider.
• The User shall not prohibit from infringing upon or violates any third party's rights including, but are not limited to, Intellectual Property Rights, privacy rights (including unauthorized disclosure of a person's name, email address, physical address, or phone number), or rights of publicity.

Article 9 (Copyright and Ownership)

• The copyright and ownership of the material uploaded on the Platform such as pictures, voice recordings, trademarks, logo marks, text, and other materials (the “Intellectual Property Rights”) belong to the Company or any other party granting the license to the Company. The User is prohibited from using, copying, or uploading the Intellectual Property Rights on magazines or websites or social media like YouTube or Facebook, or distributing Intellectual Property Rights to third parties.
• If the User violates the above clause, the Company may take legal action/procedures (including but not limited to sending a warning or complaint, claiming compensation for damages or losses, requesting an injunction, or having such Intellectual Property Rights removed from magazines or websites or social media like YouTube or Facebook) against the User in accordance with applicable laws.

Article 10 (Disclaimer)

User acknowledges and undertakes that User is accessing the Services on the Platform and transacting at its own risk and is using best and prudent judgment before entering into any transactions through the platform.

All the Services made available are “as is” and “as available” without any representation or warranties, express or implied unless otherwise specified in writing. The User agrees that the Company will not be liable for any damages, losses, or inconvenience caused by, or caused in relation to, the situations listed below:

• If the User is not satisfied with the Service due to the following reasons:
  • The User is unable to create a business relationship with the Service Provider.
  • The User is unable to connect with the Service Provider at the desired date or time.
  • The platform is interrupted, suspended, or discontinued due to power outages, network disturbance, communication system failure, or any other issues that are beyond the reasonable control of the Company.
  • The User suffers troubles or damages attributable to illegal access or modification of user’s information or any other form of illegal or malicious practice by third parties.
• The Service provided by the platform and its effectiveness, validity, accuracy, or authenticity.
• The service or products of the Service Provider and its effectiveness, validity, safety, or accuracy.
• If the User faces troubles or inconvenience due to the environment which is not recommended by the Company.
• If the User is unable to use the Service due to malfunctions, issues, or any other problems attributable to the Software, the Third Party’s Software, or any other Services provided by the Company’s designated business partners.
• If the User’s hardware is infected or affected by a computer virus through files, images, or any other materials opened or downloaded at the User’s own risk while using or installing the Software(s), having access to links or URLs, downloading files, images, or movies.
• If the User faces troubles or inconvenience due to the Website or content which is operated or provided by a third party and is linked from or to the Website.
• If the User is unable to use or get access to the Service due to loss of password or any other reasons attributable to the User.
• Any information provided on the Website is complete, accurate, updated, safe, and not misleading.

Article 11 (Miscellaneous Provisions)

• You may not transfer any of your rights under these Terms and Conditions. We may transfer any of our rights or obligations under these Terms and Conditions to any individual, organization, or entity but if we do so we will ensure that any company/individual/entity to whom we transfer our rights or obligations will continue to honour your rights under them. Any resultant changes to the Terms and Conditions will be intimated to You via email and updated on the Company’s Website.
• If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
• Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
• These Terms and Conditions constitute the entire agreement between You and MSME Direct for your use of the MSME Direct Website and/or mobile application, and other Services from MSME Direct. They supersede all previous communications, representations and arrangements, either written or oral.

Article 12 (Indemnity)

The User hereby unconditionally and irrevocably agrees to effectively and fully defend, hold harmless and indemnify (and keep indemnified), at all times on a continuing basis and on demand, the Company, its owner, licensee, affiliates and their directors, officers, employees and agents (“Company Indemnified Parties”) from and against any claims or demand or any action by any third party, in each case calculated on full indemnity basis, suffered or incurred by any of the Company Indemnified Parties arising out of, or in connection with, or relating to, or as a result of, any, or a combination of any, of the following:

1. breach of Terms and Conditions and data privacy and protection policy or any other policies of the Company;
2. breach of any applicable law on User;
3. any claim or proceeding which arises as a result of any acts or omission or fraud or negligence or misconduct of the User; and/or
4. breach of any laws, rules or regulations or the rights including infringement of intellectual property rights of a third party.

Article 13 (Governing Law and Jurisdiction)

These Terms and Conditions are governed by and interpreted solely in accordance with the laws of India, without regard to principles of conflicts of laws. The User agrees that any disputes arising between the MSME Direct and the User(s) in relation to or in connection with the Service and the Terms and Conditions will be resolved under the exclusive jurisdiction of the Courts at Mumbai.

Article 14 (Changes to Terms and Conditions and Validity)

These Terms and Conditions were published in April 2024 and shall replace with immediate effect the terms and conditions previously published.